PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE AND SERVICES PROVIDED BY REMZY, LLC (“we”, “us” or “our”).
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:
This website, Remzy.com, is owned by Remzy, LLC, a Florida Limited Liability Corporation (hereinafter referred to as "Remzy"), and provides an Internet website portal offering information in the fields of real estate concerning the purchase and sale of new and resale homes and condos (“Services”, “Platform”, “Site”) to people and businesses who want to buy a home or sell their own home. Remzy, is not a licensed real estate broker/agent and does not provide real estate brokerage services or legal services in connection with any property listings.
The following terms and conditions ("Terms and Conditions", “TOS”, “Terms”) are binding between Remzy and any person(s) or entity utilizing the Remzy platform to make an offer or inquiry to purchase real property (said person(s) or entity shall be referred to collectively in these Terms and Conditions as the “Broker”, “Agent”, "Buyer", “You”, “Your”), or utilizing the Remzy platform to negotiate, reject, or accept an offer to sell real property (“Seller”, “Homeowner”, “property owner”, “You”, “Your”). The Remzy online platform is intended to facilitate a simplified process for buying and selling real property; by using the Remzy platform, the Parties agrees to these Terms and Conditions:
1. Agency and Representation. You understand and agree that Remzy is not a licensed real estate broker, brokerage or real estate agent and as such You understand and agree that Remzy does not represent You in any real estate transaction. You further agree that Remzy has no liability to You or any third party in connection with the purchase or sale of the subject Property. Remzy provides software tools for home buyers and homeowners that desire to buy or sell homes on their own. You understand and agree that all Services are intended to simplify the home buying or selling process, but that the Services do not and cannot offer advice, direction, or definitive answers to questions that You may encounter during the home buying or home selling process. All information, data, statistics, comparable sales, tips, tricks and responses to frequently asked questions are provided for information purposes only and do not constitute advice or direction for Your transaction. Only You can decide, and You are fully responsible for how such materials and information are used. You alone are responsible for all actions taken and all contracts transmitted in connection with the purchase or sale of Your home. You understand and agree that Remzy is not negotiating, generating, drafting or completing any contracts on Your behalf. Remzy cannot and does not make any decisions for you and it is Your responsibility to verify all contract drafts and actions that you take are accurate and in Your best interest before signing any contracts or taking any other actions. You agree that all forms, purchase agreements, disclosure statements, and other documents transmitted by or through the Services are drafted by You, or Your attorney, and that You alone are responsible for the content thereof. You are solely responsible for complying with the terms and conditions contained in any such contract, including meeting any deadlines and the consequences of any breach or nonperformance under any such contracts. By physically or electronically signing any such document produced or transmitted through the Services, You expressly represent and warrant that You have read and understood all provisions contained therein. Further, by signing any documents produced or transmitted by or through the Services You expressly release Remzy from any liability in connection with such documents and related to the transactions contemplated therein. Before executing any document by or through the Services, Remzy recommends that You contact an independent real estate specific attorney to answer any legal or contract related questions. Remzy expressly disclaims any liability for, and You further agree to indemnify Remzy in connection with, any dispute arising out of or related to Your use of the Services, the content of, and Your compliance or non-compliance with, any contract produced or transmitted by or through the Services.
2. Offer and Acceptance. Offers and Acceptances are on Remzy NOT Legally Binding. An offer made using the Platform is intended to be a serious expression of the Buyer's interest in purchasing the Property at 100% of the offer price, or any subsequent negotiated price (the “Purchase Price”) between the Parties online, or offline in one-on-one private negotiations. See Service Fees below. TO AVOID ALL DOUBT, NO OFFER OR ACCEPTANCE ON THE PLATFORM IS LEGALLY BINDING UNLESS FOLLOWED UP WITH A WRITTEN CONTRACT FOR PURCHASE AND SALE (“PSA”, “Purchase and Sale Agreement”) AND EXECUTED BY BOTH BUYER AND SELLER.
3. Service Fees. There is a $20.00 fee to submit an offer to a Homeowner. Remzy also offers monthly memberships. Please see remzy.com/pricing for latest pricing. There are no additional fees to Remzy owed if the Parties consummate a purchase and sale of real property.
4. Limited Guarantee. Neither Remzy, nor its employees, contractors or agents make any guarantees, warranties (whether express or implied), or representations or promises of any kind. Remzy will use its good faith best efforts to contact the homeowner of the property selected by You, and to get that homeowner to respond to you. The Homeowner is under no obligation to respond to Your inquiry, and there is no guarantee that they will engage in negotiations with you. The Homeowner may ignore or reject your initial offer. There are no refunds due to a lack of response from the Homeowner.
5. Third Party Reports. Home inspection, title and any other report prepared by a third party must be prepared by state licensed professionals and businesses. Any Seller Disclosure Statements required by law are provided by the Seller. Neither Remzy, nor its employees, officers or agents take any responsibility for the accuracy of any third party reports or any such Seller Disclosure Statement. The Buyers are advised to perform their highest level of due-diligence before signing the PSA.
6. Obligations of Remzy. Remzy's involvement in any transaction between a Buyer and a Seller is limited to providing an online platform to facilitate a simplified process of expressing interest in buying and selling real estate. Without limiting the generality of the foregoing sentence, Buyer acknowledges that Remzy is neither a Real Estate Agent nor a Broker. Remzy does not provide any real estate advice. Remzy does not guarantee the accuracy or reliability of any estimated home value reports. Remzy is not a party to any purchase and sale agreement, Remzy has no rights or obligations under any purchase and sale agreement between Buyer and any Seller. Any error on Remzy's part should be brought to Remzy's attention before any PSA is signed between the Buyer and the Seller.
7. Offer Expiration. Offers generated on Remzy are not legally binding.
8. Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with the Platform (with the exception of User Content as defined below), including, for example, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Remzy, and/or its licensors and suppliers, unless otherwise stated. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a website and wish to link to the Site, you may do so provided you agree to stop such link upon request from us. No other use is permitted without our prior written permission. The permitted use described in this section is contingent on your compliance at all times with these Terms. You may not republish any portion of the Content on any Internet, Intranet, extranet site or any other publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method. Requests to use Content for any purpose other than as permitted in these Terms should be directed to firstname.lastname@example.org. In certain cases, you may be able share listings that appear on the Site through online functionality we have specifically designated (e.g., to e-mail a link to a friend).
9. Valuation and Property Reports. Valuation and Property Reports are provided by third parties. The Valuation and Property Reports that are available are based on public record information accessed from the county tax assessor and the county recorder, and are provided on an as is, as available basis, with no warranty or guarantee as to accuracy, commercial value, merchantability or fitness for use in a real estate transaction. Any values displayed about a property are computer-generated by the application of various proprietary mathematical formulas and techniques using currently available local market, licensed and proprietary data. Any displayed, or mailed, value is not prepared or provided by a licensed appraiser, does not constitute an appraisal of the subject property, and should not be relied upon as such. Data used to generate the value does not include information that could be derived from a visible inspection of the subject property and its surroundings. The condition of a property can materially affect the accuracy of a property's value. The data, and information derived from such data, in a Remzy value is provided on an "AS AVAILABLE" and “AS IS” basis and is provided for informational purposes only. Although we have attempted to provide reliable data and use reliable third-parties and methodologies in providing a property's value, Remzy, its affiliates and their respective members, directors, officers and employees make no representations or warranties regarding the accuracy of a property's estimated off-market value on any specific date and expressly disclaim the obligation to update such value. Remzy, its affiliates and their respective members, directors, officers and employees are not liable for the accuracy of a property's estimated value or any information related thereto.
10. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Site, your access and use will be governed by the Terms then present on the Site and in effect. If you object to any such changes, your sole recourse shall be to stop using the Services. Continued use of the Services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms, which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
11. Limitation Of Liability. In No Event Shall Remzy, its Officers, Directors, Agents, Affiliates, Employees, Advertisers, or Data Providers Be Liable For Any Direct, Indirect, Special, Incidental, Consequential Or Punitive Damages (Including But Not Limited To Loss Of Use, Loss Of Profits, Or Loss Of Data) Whether In An Action In Contract, Tort (Including But Not Limited To Negligence), Equity Or Otherwise, Arising Out Of Or In Any Way Connected With The Use Of This Site, The Materials, Or Our Services. Some Jurisdictions Do Not Allow The Exclusion Or Limitation Of Liability, So The Above Limitations May Not Apply To You.
12. Binding Arbitration and Class Action Waiver. You and Remzy agree to arbitrate all disputes between you and Remzy or its affiliates, except disputes relating to the enforcement of Remzy or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Remzy Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Remzy empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
13. Dispute Resolution. In the event of a dispute, you or Remzy must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. We will send any notice of dispute to you at the contact information we have for you. You and Remzy will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. You must send any notice of dispute to Remzy, LLC 5170 Pine Tree Drive, Miami Beach, FL 33140 USA, Attention: Legal/Arbitration Notice. You may also contact us for questions regarding the Site or the Services, e-mail email@example.com, or call toll-free 888-24-REMZY (888-247-3699).
14. Waiver of Jury Trial. If you and Remzy do not resolve a dispute by informal negotiation, or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
15. Attorney Fees. Remzy does not waive any right to seek an award of attorneys’ fees and expenses in connection with any frivolous or non-frivolous arbitration between You and us.
16. Foreign Citizens. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you and Remzy. For residents outside the United States, arbitration shall be initiated in the city of Miami, Florida, United States of America, and you and Remzy agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
17. Limitations Period. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Remzy will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. You agree that any claim, controversy, or dispute with Remzy, or its subsidiaries, affiliates, or related companies must be brought within one (1) year of when the claim, controversy, or dispute arose or first accrued, or such claim, controversy or dispute will be barred.
18. Choice of Forum. You agree that any action at law or in equity arising out of or relating to these terms or the Remzy services that are not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the County of Miami-Dade, Florida, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
19. Choice of Law. These terms are governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any conflict of law principles.
20. Severability. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
21. Survival. The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
22. Waiver. No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
23. Independent Legal Counsel. The materials and links on the Site are for informational purposes only. The transmission and display of the information contained at, or accessed through, this website is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Since we are not providing legal advice through this website, you should not act upon any information you might receive from it without seeking professional counsel. Hiring an attorney is an important decision that should not be based solely upon advertisements. You are advised and encouraged to consult with an attorney before signing these Terms and Conditions. You acknowledge that you have had an adequate opportunity to do so. We strongly suggests that you consult with an attorney before submitting any offer and/or executing a purchase and sale agreement for real property. Any listing of an attorney on our Site does not constitute a recommendation of the attorney. Any attorney directory is not a lawyer-referral service, pre-paid legal plan, legal-services organization or advertising cooperative. An attorney in our directory is not endorsed, approved or recommended by any State bar association. Attorneys may have paid a fee to be listed in the attorney directory. Before hiring any attorney, you should investigate the attorney's reputation and qualifications. We do not share in any of the attorney fees.
24. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. No representative of Remzy may make oral modifications or amendments to this Agreement. Only written modifications signed by an appropriate executive of Remzy will be valid.